San Bernardino Uber and Lyft Accident Lawyer

Rideshare services are a popular means of traveling around San Bernardino. Whether you are using it to get to your favorite music festival at the NOS center or just wanting to be responsible during a night out with friends, there is no denying how Uber and Lyft have made getting around easier than ever before. While ridesharing seems like a dream, this is not always the case for every rider.

If you or a loved one has been involved in an Uber accident, it is important to seek out legal representation as rideshare cases tend to be complicated to handle. At West Coast Trial Lawyers, our team of rideshare accident lawyers are here to help you with your case and are ready to guide you throughout the entire legal process. We are a personal injury law firm that specializes in cases such as these and our team of personal injury attorneys are confident that they can get you the maximum compensation you deserve for your losses.

We have recovered over $1.7 billion in financial compensation for our deserving clients and we will continue to do our duty and represent them during this stressful time in their lives. Whether you have been in an auto accident as a rideshare passenger or as an Uber driver, our dedicated team of attorneys are available 24/7 to answer any concerns you may have about your case.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

Defining Rideshare Services

Ridesharing services are defined as a mode of transportation where people can use an app to request a ride from a nearby driver. Rideshare companies like Uber and Lyft are the two most popular apps in San Bernardino. Although both taxis and rideshares are legally known as Transportation Network Companies (TNCs), they are both regulated by the California Public Utilities Commission (CPUC). As a result, the two types of services hold several important differences:

• Rideshare drivers may pick and choose whom they accept as riders.
• Uber and Lyft drivers operate private vehicles and are responsible for all costs, including maintenance and fuel.
• The vehicles used in TNCs are not required to have obviously visible signage or displays.
• Uber and Lyft operators may work at any time they desire.

An important difference between TNCs and taxis is that taxis are required to have commercial insurance policies that remain effective at all times, while rideshare drivers have both private and company auto insurance. In addition, should a rideshare driver get into an accident, the liability and coverage is going to be largely dependent on the nature of the accident as well as the sustained damages.

Rideshare Accident Statistics

Although Uber and Lyft drivers are rigorously vetted, they are not immune from making mistakes and getting into car accidents. As Uber and Lyft employ an army of independent contractors who often work long hours, the chances of them getting into an accident is just as likely as any other driver on the road. 

In fact, according to a 2021 study that observed the impact of transportation companies, ridesharing apps have increased the duration of road congestion by 4.5%, meaning that drivers are more likely to get stuck in traffic for a longer period of time and increases the chances of getting into a car accident.

The Most Common Uber and Lyft Accidents

Car accidents and sexual harassment cases are the most common types of rideshare accidents found in the San Bernardino county. As rideshare companies hire thousands of independent contractors to work for their fleet, becoming a rideshare driver is extremely accessible. As a result, the training protocols when you join Uber or Lyft is very minimal and is condensed down to reading several prompts on one’s phone screen. With that in mind, if you have been involved in a Lyft or Uber accident, it is important to understand these incidents in detail, so you can appropriately file your personal injury claim.

Car Accidents

Whether you are a passenger or a driver, getting into a car accident with a Lyft or Uber is just as damaging as any other automobile accident on the road. While the damage and sustained injuries will vary from accident to accident, the chances of getting into an auto accident in San Bernardino is more likely than one would think. According to a county wide report from the city’s official website, there were 16,123 people who were injured or killed in vehicle collisions in 2019, which was reported to be a 6% increase from the previous year, and a 35% increase since 2010.

The city’s website has also reported that the main cause of accidents have been correlated to distracted driving, speeding, and driving under the influence. So even if your rideshare driver is a proven safe driver, the chances of getting into an accident with a negligent third party is just as likely. Considering how San Bernardino hosts a variety of special events and music festivals around the area, the chances of encountering drunk and distracted drivers become more and more prevalent.

With that in mind, if you or a loved one was involved in a rideshare accident, it is recommended to contact a personal injury lawyer who can handle your case, deal with the insurance companies, and fight to get you the financial compensation you deserve for your damages.

Sexual Assaults & Harassment

Sexual assault and harassment is an issue that not a lot of rideshare passengers are aware of, because they don’t think that it can happen to them, when in reality it happens more than one would imagine. According to a sexual violence statistic report from Helping Survivors, a corporate sponsor of the nation’s largest anti-sexual violence organization, Uber’s very first safety report revealed that there were 5,981 sexual assault allegations in 2017 and 2018, with majority of the allegations happening in 2018.

As the reported allegations were a mix of drivers and passengers, Uber and Lyft have made efforts to lower the chances of sexual assault and harassment from occurring by installing preventive measures in their respective apps. However, these cases tend to be dependent on the city and the usage of these preventable measures varies on a case-by-case basis. With that in mind, according to a violent crime report released by San Bernardino County, rape and related sex crimes have increased 38% since 2015. Meanwhile other violent crimes such as homicide and aggravated assault have been steadily increasing every year.

While rideshare companies like Uber and Lyft have stated that there is a less than 1% chance of a sexual harassment or assault case occurring during your trip, the possibility of it happening is always there. So if you as a passenger or driver find yourself in a situation where a person is making unwanted advances onto you, it is important to maintain your composure and carefully separate yourself from the situation as soon as possible before it escalates.

Additionally, it is vital that you contact somebody immediately just in case of sudden emergencies and escalated scenarios. Should you become a victim in this scenario, it is highly recommended that you contact a law firm that specializes in personal injury so they can help get you the justice that you deserve.

Common Injuries Found in a Rideshare Accident

When it comes to the most common injuries found in rideshare accidents, every case will be different and vary on a case-by-case basis. However from what is typically seen in San Bernardino, head injuries, spinal cord injuries, burn injuries, and internal damage are the most common. So if you have been injured in an Uber accident and are looking to file a personal injury claim, it is vital to understand the potential severity of these injuries in order to recover a fair settlement.

Head Injuries

Traumatic brain injuries (TBIs) are caused by forceful bumps and blows to the head and brain. Due to the amount of possible injuries that can happen to the head and brain, they are typically categorized either as penetrating and non-penetrating. In terms of the root causes of traumatic brain injuries, they are usually seen from car accidents where the force and impact of a collision causes the head and the brain to be injured, and in assault cases where the victim has sustained blunt force trauma.

While the severity of the injury will vary based on what caused it and any symptoms that have derived from it, it is important to seek medical attention immediately because even minor head injuries such as concussions can still become fatal if not treated appropriately. For those who have suffered a head injury in a Uber accident, it is important that you seek compensation because the medical bills that are associated with head injuries are very costly and depending on the severity of the injury it can drastically affect your recovery rate.

Spinal Cord Injuries

Spinal cord injuries are referred to as damage to the back and the bundle of nerves that sends and receives signals from the brain. Much like brain injuries, spinal cord injuries are further categorized into two types of injuries, complete and incomplete. The main differences between the two is the complete or incomplete severance of nerve fibers and connections from certain sections of the spine to the brain and to the rest of the body.

Those who have suffered incomplete spinal cord injuries will have a chance at recovering from their injuries, however, those who have suffered complete spinal cord injuries will permanently be facing long-term health complications such as paralysis and loss of motor functions. However, no matter which type of injury you may have sustained in an Uber accident, both injuries will come with a variety of medical expenses that can range from surgery, physical therapy, to even quality of life adjustments. Which is why, you need to seek out an experienced Uber accident attorney who will represent your best interests and ensure your case will cover all future medical bills.

Burn Injuries

A burn injury is when the skin gets damaged by a source with a significantly high temperature or high corrosive and acidic base. As such, burn injuries can be derived from fires, chemicals, electrical burns, and even from touching hot surfaces. While burn injuries are rare in rideshare accidents because they usually occur in severe accidents where vehicles catch on fire, but nonetheless it can still happen if drivers are not careful on the road.

In fact, suffering from a severe burn injury can become just as costly as a brain or spinal injury because nerves in the skin can become burned off and the body can become disfigured. With that in mind, severe burn injuries can become extremely problematic for the victim, because they would not only require medical treatment for their burn injuries, but they may even require reconstructive surgery such as skin grafting in order to fully recover from the damages.

Internal Injuries

Internal injuries are defined as damage to the internal organs and bones. They are typically caused by a sudden impact and force strong enough to cause internal bleeding and bone fractures. As these types of injuries are one of the most unsuspecting, they are also one of the most fatal if proper medical care is not applied.

While accident victims may appear to be alright from the outside, their conditions may worsen over time and potentially suffer severe injuries such as blood loss and ruptured organs. Depending on the nature of the accident, internal injuries may even cause long-term damages that could drastically affect a person’s quality of life and if they happen to perish in a severe Uber accident then the victim’s family can file a wrongful death claim and a variety of damages.

Uber and Lyft Auto Insurance

If you have been involved in a car accident with a rideshare driver, it is important to understand the rideshare company’s insurance coverage to see how much damages are covered. According to Uber and Lyft, both companies use a third party insurance company to cover their independent contractors should any of them get into an accident. While the liability of the auto accident is something that is going to be determined at a later time, the damage coverage is going to be entirely dependent on the driver’s status.

For example, Uber states that if a driver gets into an accident when they are not using the app, then they would have to use their own personal insurance to cover any incurred damages. Meanwhile, if an Uber driver gets into an accident when they are just online, then the company’s comprehensive and collision coverage kicks in and covers $50,000 per person, $100,000 per accident, and $25,000 in property damage per accident.

However, the biggest difference is when an Uber driver gets into an accident during a trip, then the coverage jumps to at least $1,000,000 for property damage and injuries to riders and third parties involved in the accident. It is important to note that this liability insurance policy is only available to drivers who drive a certain amount of hours and fulfill certain conditions. If these conditions are not met, then the driver’s personal auto insurance would be mainly used to cover all incurred damages.

Liability in an Uber or Lyft Accident

Determining liability with Lyft and Uber drivers is very similar to any other car accident you might have been in. As liability in California is based on negligence, the responsibility of an accident would be determined by who caused the harm in the accident and how much harm was sustained. If either the rideshare driver or another driver was negligent in their actions and broke basic traffic laws then they would be held liable for all damages.

Negligent behaviors such as speeding, ignoring traffic lights and signs, driving under the influence, driving while being distracted, and blatantly ignoring the right-of-way are all clear signs of recklessness that are hard to defend in a court. However, depending on the nature of the accident, both drivers may be partially at fault and liability can be split due to California’s pure comparative negligence system, as per California Civil Code 1431.2. Which means if an accident victim is partially responsible for an accident, then it can affect how much compensation they can ultimately receive, allowing the one who caused the accident some financial leeway.  

So if you have been involved in a car accident with/as an Uber or Lyft driver and are having a difficult time determining liability, it is recommended to hire a personal injury lawyer to help determine who is at fault.

Available Damages in an Uber Accident

If you or a loved one have been involved in an Uber accident and have sustained serious injuries or property damages then you may be eligible to recover damages. From what is typically seen in Lyft and Uber accidents, most victims recover economic and non-economic damages depending on the severity of the accident. So if you are filing an accident claim with a personal injury attorney, it is important to understand the different types of damages in order to appropriately place a fair value for your damages.

Economic Damages

Economic damages are referred to as calculatable damages, which means that there is an objective way to determine the value of an injury or damage to a person’s property. This type of damage is designed to compensate victims who have lost monetary value in their property or means of receiving income. For example, damages such as medical bills, property damage, lost wages, physical therapy costs, and necessary quality of life adjustments are all instances where a dollar amount can be objectively placed and compensated for a victim who has experienced any of these damages.

Non-Economic Damages

Non-economic damages are defined as damages intended to compensate a victim for subjective losses that are hard to place an objective value on. For example, damages such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship are extremely difficult to put a price on as compared to medical expenses. So if an accident victim has sustained severe injuries that resulted in these subjective damages, an Uber accident attorney should be able to negotiate proper compensation to take account of these subjective losses.

Punitive Damages

In some of the most extreme cases, a court may also award punitive damages to the victim and their family. This type of damages is specifically designed to punish those who have showcased extreme recklessness, fraud, or deliberately negligent actions. While there is no awarded value to the victim, it is meant to serve as a form of justice and as a means to set precedence for future cases and deter any potential accidents with similar qualities.

What Are the Statute of Limitations in San Bernardino Uber Accident Claims

All personal injury accident cases in California have a statute of limitations of two years as per section 335.1 of California’s code of civil procedure. If you choose to file a personal injury claim after two years of the accident date, your case will be immediately dismissed in court and any attempt to recover damage will be impossible. There are several exceptions to this, however, it would require the plaintiff to either be a minor, in jail, legally insane, living out-of-state, or disabled. Only in such specific scenarios, would the two year rule may be amended to properly accommodate their situation.

How Much Does a Rideshare Accident Lawyer Charge?

A rideshare accident attorney will usually charge a contingency fee for their services. The fee itself can range anywhere between 25% to 40%, with most averaging around 33%. While it may seem pricey to most, this fee is entirely dependent on whether or not the attorney wins or receives a settlement offer. 

If they are unable to achieve either, then they will not get paid for their services, so this is reassuring for potential clients, because lawyers who operate on a contingency system will typically accept cases that they believe they can win. However, if you are worried about the value or potential of your claim, most lawyers offer a free consultation service for all potential cases, so it is recommended to consult with them in full detail to get a good understanding about your case.

West Coast Trial Lawyers Are Here To Help

If you or a loved one were injured in an rideshare service due to someone’s negligence then you may be eligible for compensation. Rideshare accident claims are notorious for taking a significant amount of time processing and if you have sustained serious injuries then it might have a long-term effect on your well being. With that being said, it is vital that you seek the legal services of an experienced accident attorney to get compensation and justice.

If you need an Uber accident attorney, we at West Coast Trial Lawyers, have an entire team of lawyers who have experience handling rideshare cases from the simple to the most complex. We are a personal injury law firm that has over 20 years of legal experience in handling personal injury cases and our team of attorneys are confident that they can get you the maximum compensation for your damages.

We have recovered over $1.7 billion in financial compensation and our team of lawyers have established a proven track record of winning cases and achieving settlement offers from opposing counsel. As an Uber accident can become complicated for those who are unfamiliar with the law, our rideshare accident attorneys will continue to fight for our clients and will be there for them every step of the way.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation, we welcome you to reach out to our offices by calling us at (213) 927-3700 or by completing our easy online contact form.